CRPD/C/24/D/36/2016

United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
4 May 2021
Original: English

Committee on the Rights of Persons with Disabilities

Decision adopted by the Committee under article 5
of the Optional Protocol, concerning communication
No. 36/2016*, **
Communication submitted by:

G.J.D. (represented by counsel, Glenn Floyd)

Alleged victim:

The author

State party:

Australia

Date of communication:

29 March 2016 (initial submission)

Document references:

Decision taken pursuant to rules 64 and 70 of the
Committee’s rules of procedure, transmitted to
the State party on 1 April 2016 (not issued in
document form)

Date of adoption of decision:

19 March 2021

Subject matter:

Forced hospitalization and treatment

Procedural issues:

Exhaustion of domestic remedies; substantiation
of claims; victim status

Substantive issues:

Equal recognition before the law; liberty and
security of the person; freedom from torture or
cruel, inhuman or degrading treatment or
punishment; freedom from exploitation, violence
and abuse; right to respect for physical and
mental integrity

Articles of the Convention:

12, 14, 15, 16, 17 and 21

Articles of the Optional Protocol:

1 (1) and 2 (d) and (e)

1.1
The author of the communication is G.J.D., a citizen of Australia born in 1975. The
author claims that by subjecting him to forced hospitalization in a psychiatric hospital with
involuntary treatment, including electroconvulsive therapy, the State party has violated his
rights under articles 12, 14, 15, 16, 17 and 21 of the Convention. The author is represented

* Adopted by the Committee at its twenty-fourth session (8 March–1 April 2021).
** The following members of the Committee participated in the consideration of the communication:
Rosa Idalia Aldana Salguero, Soumia Amrani, Danlami Umaru Basharu, Gerel Dondovdorj, Vivian
Fernández de Torrijos, Gertrude Oforiwa Fefoame, Odelia Fitoussi, Mara Cristina Gabrilli, Amalia Eva
Gamio Ríos, Samuel Njuguna Kabue, Kim Mi Yeon, Robert George Martin, Floyd Morris, Jonas
Ruskus, Markus Schefer, Saowalak Thongkuay and Risnawati Utam. Pursuant to rule 60 (1) (c) of the
Committee’s rules of procedure, Rosemary Kayess did not participate in the examination of the present
communication.

GE.21-05905(E)

Select target paragraph3